DMSELPA Policies and Procedures

Policy – Category 5000 (Students)

BP 5008 – Suspension and Expulsion

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Suspension of Expulsion

The Governing Board’s criteria for suspending the enforcement of an expulsion order shall be applied to students with disabilities in the same manner as they are applied to all other students. Education Code § 48917

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Notification of Law Enforcement Authorities

Prior to the suspension or expulsion of any student with a disability, the principal or designee shall notify appropriate city or county law enforcement authorities of any act or assault with a deadly weapon which may have violated Penal Code 245 . Education Code § 48902 The principal or designee shall notify appropriate city or county law enforcement authorities of acts by any student with a disability which may involve the possession or sale of narcotics or of a controlled substance or possession of weapons or firearms in violation of Penal Code 626.9 and 626.10 . Education Code § 48902 Within one school day after a suspension or expulsion of a student with disabilities, the principal or designee shall notify appropriate city or county law enforcement authorities, by telephone or other appropriate means, of any act by the student which may violate Education Code § 48900(c) or (d), relating to the possession, use, offering or sale of controlled substances, alcohol or intoxicants of any kind. Education Code § 48902

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Report to County Superintendent of Schools

The superintendent or designee shall report to the County Superintendent when any special education student has been expelled or suspended for more than 10 school days. The report shall include the studen t’s name, last known address, and the reason for the action. Education Code § 48203

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Appendices

A. SELPA Form DM 122 – Special Education Suspension Review

B. SELPA Form DM 124 – Educational Services During School Suspension

C. Suspension Flow Chart

D. SELPA Form DM 68P – Manifestation Determination

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Legal References

California Education Code

BP 5008 – Suspension and Expulsion

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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 01/09)

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